I managed to find another good case by Judge Ongley who is one of my favorite judges.
In this case Ongley J took a robust and broad view of the evidence in light of purpose of the Act instead of narrow and technical view. As matter of fact, there are not many judges who take this approach in making their decision. Ongley J. also seems to have been impressed with the logical form of the claimant's submissions despite of the fact that the claimant represented himself.
I particularly like that judge Oangley's approach which the assessment should not be taken for just on the day of presentation but over a longer period. That really is something reasonable but hardly being seen in the judgements.
Well done David Ongley J!
Mabbutt V ACC - A claimant living in Australia successfully appealed against a decision by ACC that he was vocationally independent and able to work sustainably in 8 nominal job options because the medical assessor failed to identify the fact that the claimant suffered from a large disc prolapse, according to Judge Ongley.
